Coe v NSW Bar Association

The New South Wales Bar Association appealed to the Court of Appeal of New South Wales against a decision of the Administrative Decisions Tribunal (ADT) which had set aside a finding of professional misconduct made against Mr. Coe, a barrister. The ADT had found that the Bar Association's finding of misconduct was made in relation to a matter that was outside the scope of the specific charge brought against Mr. Coe.

The central legal issue before the Court of Appeal was whether the ADT had erred in law by setting aside the Bar Association's finding of professional misconduct. Specifically, the court had to consider whether the Bar Association, in reaching its finding, had impermissibly considered conduct that was not part of the formal charge laid against Mr. Coe, and whether this constituted a jurisdictional error.

The Court of Appeal held that the ADT had correctly identified that the Bar Association's finding of misconduct was based on considerations that went beyond the specific charge. The court reasoned that a finding of professional misconduct must be confined to the allegations that have been properly formulated and put to the practitioner. To find misconduct on matters not charged would be a jurisdictional error. The court affirmed the principle that the disciplinary body must act within the confines of the charges presented.

The appeal was dismissed, and the NSW Bar Association was ordered to pay Mr. Coe's costs.